Kabir v Commissioner of Victims Rights

The applicant, Mr. Kabir, sought review of a decision made by the Commissioner of Victims Rights, under the Victims Rights and Support Act 2013. The Commissioner had issued a restitution order against Mr. Kabir, requiring him to pay $5,000 to a victim of an offence for which he had been convicted. Mr. Kabir challenged the order on the basis that he had no culpability in the offence for which he was convicted, and that he was financially incapacitated and unable to pay the order.

The key legal issues were whether the Commissioner had the authority to make a restitution order in circumstances where the person was not culpable and whether the order was unjust and oppressive due to Mr. Kabir's financial situation. The court had to determine if the Commissioner's decision was lawful, reasonable and procedurally fair, and if the order was appropriate given Mr. Kabir's financial circumstances.

The court held that the Commissioner did have the power to make a restitution order under the Victims Rights and Support Act, even if the person was not culpable. However, the court found that the order was unjust and oppressive in light of Mr. Kabir's financial situation. The court found that Mr. Kabir's financial hardship and impecuniosity were relevant considerations in determining whether the order should be made and how it should be implemented. The court confirmed the order but varied the payment period to allow Mr. Kabir twelve months to pay the amount.